S.R. Misra

1. By means of the present writ petition, the petitioners challenge the order of the Deputy Director of Consolidation dated 12-3-1982 while deciding two revisions under section 48 of the U. P. Consolidation of Holdings Act (hereinafter referred to as 'the Act).

2. The facts of the case, in brief, are that Khata no. 125 ka' and 'kha' situated in village Sawai Rampur, Pargana Ghisua was recorded in the names of petitioners and respondent nos, 4 to 6 as Sirdars in the basic year. Petitioners filed an objection to the effect that the disputed plot belonged to one Jagjit Singh and on his death Mst. Umeda, his daughter, became exclusive owner of the same. Petitioners being the nearest surviving heirs of Mst. Umeda, became exclusive owner of the disputed plot on the death of Mst. Umeda.

Another objection was filed by the respondents claiming that the properties were acquired by common ancestor Balak Singh and on his death, his sons succeeded Thus the name of Mst. Umeda was wrongly recorded in the revenue papers.

3. Both parties led their evidence. Consolidation Officer rejected both the objections and gave half and half share to both the parties by his order dated 22-1